Alberta Court of Appeal grapples with distribution of proceeds from strata’s termination

Kay Kay Corporation v Condominium Corporation No 072 4807, 2017 ABCA 335, was an appeal of a decision of chambers judge “to reduce the apportionment of the sale proceeds to 14 units out of a total of 188 condominium units.” Those “sale proceeds” resulted from a termination of the condominium under Alberta’s Condominium Property Act. The court of appeal allowed the appeal, concluding that a scheme of distribution based on the proposition that a condemned unit is Read more…

Alberta: Update on new condominium legislation and new survey

Earlier this month, Service Alberta made an announcement on the implementation of reforms to the province’s Condominium Property Act. The Condominium Property Amendment Act (PDF) passed the legislature in December 2014, but its coming into force has been contingent on the development of supporting regulations. Service Alberta will be taking a staged approach to implementing the new legislation. The first stage includes “[c]hanges affecting condominium boards and corporations [which] will come into force on January Read more…

CRT Roundup—common property, repairs and maintenance, insurance, finances, and more

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 14 new decisions since the last post. Limited common property—significant change in use and appearance—patios & governance—strata council—conflict of interest Page v Section 1 of The Owners, Strata Plan NW 2099, 2017 BCCRT 84, concerned a dispute “about certain alterations to the limited common property patios of three residential strata lots in the section . . . . which sit underneath an Read more…

New data from census provides a snapshot of condominiums in Canada

Statistics Canada has just released a wealth of information from its 2016 census of Canada. Its publication Housing in Canada: Key Results from the 2016 Census (PDF) contains an up-to-date picture of the place condominiums (strata properties) hold among housing options in this country. In section titled “Condominiums on the Rise,” Statistics Canada reports that, in 2016, nearly 1.9 million Canadian households were in condominiums. This makes up 13.3 percent of the country’s total households, Read more…

The Financing Litigation Series: Unbundled Legal Services

This post is the first in a six-part series showcasing each of the financing models explored in the Study Paper on Financing Litigation (PDF), published on October 4, 2017, and some recent developments in British Columbia. To read other posts in the series click here. Unbundled legal services are essentially discrete, limited legal services that a client can pay a lawyer to perform, whether on a retainer, hourly or by using some other fee arrangement. Examples Read more…